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Birth Injury Litigation

Birth injuries can cause severe disabilities and impact the quality of life of your child. The medical treatments they require could be expensive and lengthy.

A competent lawyer can file your birth injury lawyers injury lawsuit and investigate the incident to gather evidence, present a case for negligence and represent you in settlement negotiations or at trial should it be necessary.

Settlements

In more than 90% of medical malpractice cases, plaintiffs and defendants reach an agreement for settlement before going to trial. This lets both parties avoid expensive and stressful court fees, and it gives the plaintiff a guarantee of compensation. If a trial cannot be reached, a jury will decide if the defendants owe the plaintiff compensation and how much money they should pay.

The first step towards receiving financial compensation for birth injuries in your child is proving the doctor who delivered your baby had a professional relationship with you, and that he breached this obligation during the birthing process. This can be done with medical documents and hospital bills. Your lawyer will need to prove that the breach caused the injury to your child.

Once you have the evidence, your attorney will then submit a list of demands to the malpractice insurance carriers of the defendants. The document will include a letter detailing the injury suffered by your child and any supporting evidence. The malpractice insurance company will review the demand and either accept or reject it. If the demand is rejected the lawyer will bring a lawsuit.

In the event of a successful birth injury lawsuit Your attorney might suggest placing the proceeds of your settlement or award in a special needs trust. This will permit your child to access future funds to fund things like medicine or physical therapy as well as home modifications.

Trials

In some cases lawyers may try to reach a settlement to resolve the matter without a court appearance. A settlement is a formal agreement that resolves the case and offers compensation to the plaintiff.

A team of lawyers will gather evidence to prove that medical professionals did not meet the highest standards of care and caused injuries. Lawyers representing defendants will gather evidence of their own to counter claims. The attorneys will then meet with one other to discuss the amount of settlement. If no settlement can be reached, the case will go to court.

The trial process could take months or years to be completed. It can be stressful, risky, and painful for plaintiffs as they go through the trauma of their child's birth trauma. The winning party may receive an award of a significant amount. But, a party that loses can appeal the decision.

A birth injury lawyer with years of experience can make all the difference in your case. A lawyer can help you get the best possible outcome throughout the litigation process. From the drafting of demand letters to filing the lawsuits or discovery, settlement negotiation and appeals, as well as trials when necessary A legal professional can ensure the most favorable outcome. They can help you obtain compensation that can change your life as well as the lives of your family. A lawyer can provide you with a experts to support your claim. The legal team at Lipsitz Green will investigate the incident to determine what went wrong and fight for fair settlement.

Statute of Limitations

Medical professionals have their own set of rules they must adhere to in their procedures. These include the statute of limitations which has a time limit for filing lawsuits. This limit is intended to ensure that claims can be filed while evidence is still available and witnesses' memories are fresh. Even if the lawsuit has a solid legal foundation the case will be dismissed if it's filed after the statute has expired.

For birth injury victims the statute of limitation could be particularly crucial. A successful case could result in the right to compensation for future and present medical costs loss of wages due to the inability to work in order to care for the child, as well as emotional distress. In certain instances, the jury or judge may also award punitive damage to punish defendants who have shown excessive negligence.

Victims of birth injuries must have a New York attorney familiar with these kinds of claims. They can investigate the incident and gather evidence, present an argument for negligence and negotiate a settlement or go to trial if needed. In some instances the defendant might try to dismiss a lawsuit claiming that the statute of limitations is over. A lawyer is able to determine whether this is the case. If the case involves a public hospital that is run by local government agencies, whether federal or state-based the possibility of a separate and shorter time limits for statute of limitations may apply.

Expert Witnesses

Expert witnesses can assist juries and judges comprehend the evidence and facts of a medical malpractice case. They may also provide expert opinions or inferences to assist them in making a decision. They are able to do so because their expertise is more reliable and precise than that of a layperson or someone with no medical training.

A lawyer may hire an expert witness to look over medical records, provide testimony, and assist the lawyer in preparing the case. The expert will sign an affidavit, and then be able to testify in court. An expert could be an internal employee of the defendant's hospital, health care system, or a person outside of the institution.

An expert's testimony should reflect the state of medical knowledge at the time of incident in the case. The expert should not condemn or condone the performance of a physician within generally accepted standards of practice. Experts should be prepared and able to submit transcripts from depositions or courtroom testimony to their peers to be reviewed. They should not sign contracts where the fees for their expert testimony are disproportionately high in relation to their time and effort involved.

Parents of a child that has suffered a severe birth trauma can seek damages to pay for the future expenses they'll have to pay for their child's care, as well as any previous expenses that may were paid for. A determined lawyer can determine if negligence caused the child's injuries at birth and can secure compensation to ease the financial burden on the family.